According to a letter obtained by CNN, White House attorney Dana Remus informed National Archivist David Ferriero on Monday that Biden would not be exercising privilege on additional documents Trump requested that remain secret as a matter executive privilege.
The former president has already filed a lawsuit to prevent the National Archives, the custodians of his administration’s White House records, from handing over to Congress documents he deems privileged, and the latest documents will likely be part of that lawsuit. . The National Archives is expected to begin handing over the records to the House on November 12, unless Trump obtains a court order.
“President Biden has reviewed the former president’s assertion and I have initiated consultations with the Department of Justice’s legal counsel’s office,” Remus wrote.
“President Biden has determined that an assertion of executive privilege is not in the best interests of the United States, and therefore not warranted, with respect to the documents provided to the White House on September 16, 2021 and September 23, 2021. Accordingly, President Biden does not confirm the former president’s assertion of privilege. “
The White House had informed the National Archives earlier this month that it would not assert executive privilege on a first batch of documents requested by the Jan.6 committee.
During a White House press briefing at the time, press secretary Jen Psaki said that “the president has determined that an assertion of executive privilege is not warranted for the first set of documents of the Trump White House provided to us by the National Archives. “
“As we said before, this will be an ongoing process and this is only the first set of documents,” she said. “And we will assess questions of privilege on a case-by-case basis, but the President has also made it clear that he believes it is of the utmost importance to Congress and the American people to have a full understanding of the events of this. on that day to prevent it from happening again. “
As part of the House select committee’s in-depth investigation, the panel sent requests for information to a number of federal agencies. The committee specifically requested “all documents and communications within the White House” on January 6, including call logs, schedules and meetings with senior officials and outside advisers, including Rudy Giuliani.
Legal experts say Biden has the final say on whether these documents are covered by executive privilege, and given that the committee is headed by members of Biden’s party, Trump’s power to influence the outcome is an open question.
This story was updated with additional details on Monday.
CNN’s Evan Perez, Zachary Cohen, and Katelyn Polantz contributed to this report.